Hello all,

I wonder if you could offer your advice on a problem that has caused some disruption within my company.

I work in training and although I have a small amount of HR knowledge, I’m sure you’ll point me in the right direction.

My company has implemented a new absence management procedure – started November 06. It has not replaced an existing procedure.

Within this, member of staff who’s sickness is over the company average, of 2.6% or about 6 days, will be put on a capability based disciplinary process.

To work out peoples percentages, the company have used the records for the past year and now a fair percentage of the company have now been put on a verbal warning.

The salary review has just passed. All people who are on a verbal warning have been told that they will not receive a pay rise specifically due to their absence.

I don’t think that they have acted very morally as they seem to have put in place a procedure purely to avoid pay rises, but wondered if you could comment as to the legal aspect of backdating the information to suit their own purposes.

Thanks for your time and I look forward to your thoughts.